Am. Chemistry Council v. Dept. of Toxic Substances Control
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This case involves an appeal and cross-appeal following the trial court’s determination that the Department of Toxic Substances Control (the Department) acted within its authority and properly complied with the California Administrative Procedure Act (APA; Gov. Code, Section 11340 et seq.) but violated the California Environmental Quality Act (CEQA; Pub. Resources Code, Section 21000 et seq.) when it enacted a regulation listing spray polyurethane foam systems containing unreacted methylene diphenyl diisocyanates (spray foam systems) as a priority product under California’s “Green Chemistry” law. Appellants, in this case, American Chemistry Council (ACC) and General Coatings Manufacturing Corp. (General Coatings) challenge the Department’s actions on two grounds. First, listing spray foam systems as a priority product was in excess of the Department’s authority under the Green Chemistry law. Second, the Department violated the APA in multiple ways when enacting the listing regulation.
The Fifth Appellate District reversed the trial court’s finding of a CEQA violation on the ground that the claim was untimely under the statute of limitations. The court held that the judgment is affirmed with respect to the first, second, and third causes of action seeking relief based on allegations the Department exceeded its authority through the listing determination and allegations the Department violated the APA. The judgment is reversed with respect to the fourth cause of action, under CEQA, and remanded with instructions that the trial court dismiss the claim as untimely.
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